The Training & Handbook 2014 The Essential Careers Guide

IP work can be divided into two main good at which to be a pupil, areas: hard and soft intellectual property. because it is a relatively small set, which ‘Hard’ intellectual property relates to means that pupils know the people they are patents, while ‘soft’ intellectual property working with well and can really participate in covers trademarks, copyright, design chambers life. It was also great to experience rights and passing off. IP advise different types of IP law and reap the benefits on issues that range from commercial of direct contact with different kinds of client. exploitation to infringement disputes and At the same time,” he continues, “there is agreements that deal either exclusively no denying that pupillage is stressful, and with IP rights or with IP rights in the wider no matter how kind and considerate my context of larger commercial transactions. pupil masters invariably were, it is inherently exhausting to be constantly interviewed Stuart Baran came to the from a and assessed over 12 months, which is background in science: chemistry was his essentially what pupillage entails.” passion throughout school and his time at the University of Oxford. He first mixed law Nonetheless, Stuart passed his gruelling with the sciences during a pre-university year-long examination with flying colours and spell of work experience with some patent became a tenant at 3 New Square, where he attorneys – an experiment which resulted has since been able to realise his ambition in a very positive reaction indeed. “The of having a broad IP practice. “My work is opportunity came through my chemistry a mixture of patents, trademarks, passing teacher, because it was an area in which off, designs and, to a slightly lesser extent, he had worked during his time in industry,” copyright and confidential information,” Stuart explains. “I knew that I wanted to he explains. “This isn’t an area of law that study chemistry at university, but following requires you to be in every day – the that experience I was already starting to majority of my time is spent in chambers, consider IP law as an option after graduating, but it’s a really interesting and varied diet of which I thought would be an interesting way cases. It is not like a criminal set, where you to stay involved with science without actually are not working if you are not standing up working at the lab . I looked into it in in court, while it also differs from the mainly a bit more detail when I got to university, at advisory role of, for example, a tax . which point I began to also appreciate the I appear in court a fair amount – recently it independent lifestyle that barristers have; so I has been around two or three times a month decided to pursue a career at the IP Bar.” – and court appearances increase as you get more senior and start to make submissions After graduating, Stuart continued his on the really big cases.” chemistry studies, completing a DPhil during which he had the opportunity to Already, Stuart has had the chance to work teach classes at Oxford, something which on matters involving household names. “My he considers to have been a really useful first experience of a big was as part experience in preparing him for his later of a team acting on behalf of Microsoft,” career. After chemistry, Stuart took the GDL he explains. “Seeing the submissions and at City University followed by the BPTC questions that I had helped to develop at BPP , and finally landed a actually be used over the course of the trial pupillage at 3 New Square. “I had a wonderful was very rewarding. However, there is a time during pupillage and really enjoyed the lot of interesting work involved regardless experience – 3 New Square is a particularly of whether the dispute is between large

590 THE TRAINING CONTRACT & PUPILLAGE HANDBOOK

TTCPH_BOOK_2014.inddCPH_BOOK_2014.indd 590590 118/09/20138/09/2013 10:1610:16 Name: Stuart Baran Chambers: 3 New Square University: University of Oxford Undergraduate degree: Chemistry

companies. To understand many patent explains. “The agreement has been signed cases you have to go into the science, so I for a Europe-wide unitary patent court, which often have to do quite a bit more preparation is just getting off the ground. We’re waiting for a short hearing than would be the case to see exactly how it’s going to work – the for a criminal trial, in which the law may procedural rules are being developed at largely be agreed and you just have to argue the moment. If it takes off, it will change about what actually happened. The extended our practice significantly. This also means preparation and extra work can also be that it’s a very interesting time to be at the difficult when you’re still getting to grips with junior end of this practice area, as no one this area of law, as it can be a bit tricky to is going to be more experienced in the new know what your client needs, but still have landscape as it develops than we are. There to work through a lot of procedural stuff to will also be plenty of chances to work with achieve it. I wish I had realised earlier on just in other countries, so this really could how much barristers have to do aside from be a great opportunity for the English Bar.” the legal advice and court advocacy that we provide. There is a lot of procedural work that Though it is the case for all lawyers, strong you may not notice during a mini-pupillage (I analytical skills are particularly important certainly didn’t), and the surprise of just how for IP barristers. “You certainly need to much extra there is to do can throw the time be a details person,” says Stuart. “It is so management of some junior barristers – but important to master the ability to maintain you learn quickly enough!” a high level of detail while still expressing yourself very clearly – explaining complicated In addition to his varied caseload, Stuart things in a simple way is half the battle in enjoys working for a wide range of clients. this area of law. In terms of qualifications, “The mixture of clients is particularly broad there is no doubt that people with a scientific at the junior end,” he says. “The most academic background have a head start, significant patent actions are often fought particularly when it comes to patents. between the very biggest organisations, However, I don’t think any chambers makes such as tech giants and pharmaceutical a science degree an absolute requirement companies. However, the success of the for pupillage, and certainly there are very Patents County Court (PCC) following its successful IP barristers who do not have a appointment of a new in 2010 has scientific background.” meant that it is also much more viable for SMEs to bring IP disputes. Some of the Finally, Stuart has some tips for developing cases that I have conducted in the PCC your practice if intellectual property is your have involved residents’ associations, small ambition: “The best advice I have received businesses and one-person inventors. There about practising intellectual property is to are also a lot of trademark disputes at this try to stay as broad as possible for as long level, as brands and names can prove very as possible. Many people are drawn to this valuable to even the smallest businesses.” job by a specific interest, as I was, but the most interesting thing about this area of law Stuart also considers that other is its variety. Having a broad brief is also a developments in intellectual property will safer option when you are starting out, as ensure it remains an exciting area in which this minimises your risk if a particular area to practise over the next few years. “There changes, so make sure to apply for pupillage are going to be changes in the way that we at chambers where you will be able to gain a litigate IP matters in the near future,” he wide array of experience.”

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